United States Ninth Circuit
Daniels v. Merit Sys. Prot. Bd., 13-73913
In petition for review of a Merit Systems Protection Board (MSPB) decision dismissing a federal employee’s individual right of action appeal for lack of jurisdiction because the employee did not make a non-frivolous allegation under the Whistleblower Protection Act (WPA), the petition is denied where: 1) the standard for determining whether a petitioner has made a non-frivolous disclosure is analogous to the standard for reviewing a motion to dismiss; and 2) petitioner did not allege a non-frivolous protected disclosure under the WPA.
Appellate Information
- Published 2016/08/09
Judges
- SMITH
Court
- United States Ninth Circuit